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The Committee received report ES/1849 of the Head of Planning and Coastal Management, which related to planning application DC/23/2454/FUL. The application sought retrospective planning permission to retain the ground floor single storey side extension and first floor rear gable.
This application was before the Committee for determination at the request of the Head of Planning and Coastal Management, this was due to the objections received from the Ward Member, Parish Council and the neighbouring residents. There were inaccuracies with the drawing details contained in the original permission and therefore a new application was submitted to the Committee to enable consideration of the impact on the living conditions of adjacent properties. Following consideration by Planning Committee North in January 2024, it was agreed for Members to carry out a site visit, and this occurred on the morning of 13 February 2024.
The Committee received a presentation from the Planner, who was the case officer for this application. The site’s location plan and an aerial photograph of the site was displayed, it was noted that on the east side of Bridge Road, the site had a small rear garden and pathway leading to it between number 2 Bridge Road to the north, under the first floor. Original front, side and rear elevations were shown before any extension was originally accepted.
The Committee was shown floor plans from the first approved original application and the planner highlighted the flat roof extension and the straight line shown on those plans advising that they were now aware that was inaccurately drawn, as the line leans inwards. The proposed plans and plans that had been built out were shared with the committee, showing the impact of the building line leaning inwards towards the boundary. Photographs showing the site in context were shared with the Committee along with various elevations and the discrepancy with the calculation of the neighbour’s gable explained, highlighting the need for the retrospective planning permission. The Planner confirmed that the difference between the plans meant that the extension, as built, was 20 to 25 cm closer to the neighbour’s property than originally stated. The material considerations and key issues were summarised as loss of light, overlooking and loss of privacy and oppression and sense of overbearing. The recommendation to delegate authority to the Head of Planning and Coastal Management to approve the application was outlined to the Committee.
The Chair invited questions to the Planner.
Councillor Ashton sought clarification on the light survey, asking if it was carried out following the building work having been done or forecasted using the plans. The Planner confirmed that the light survey was carried out used the most up to date plans provided by the applicant, therefore they did show the neighbour’s property before the extension was built. However, looking at what the light survey suggested, the Planner added it wouldn’t have had any significant change to the result.
In response to Councillor Gee it was clarified by the Planner that the flat roof leading from the juliet balcony could not be used as a balcony area and this was part of the planning conditions.
Councillor Ewart noted the discrepancies of the neighbour’s actual property dimensions and those displayed on the plans and questioned the action taken as a Council once it was discovered. In response, the Planner advised that they had checked the history, and they first received a complaint in October 2020 which was followed up with an email to the applicant’s agent as what was being built wasn’t in line with the plans. It was recommended to the agent that they sent an application to the Council to rectify the works, and the agent did this whilst continuing with the building works.
The Planner advised that the application that was submitted was for a variation of condition, however as it was determined that the original consent could be challenged for not being accurate, a full application was submitted to regularise the work. The neighbour was asked to comment and at that time the neighbour did not think the plans were accurate. The Council referred to the agent to resubmit with accurate details and the re-consultation occurred. In response to a question from Councillor Ewart, the Planner advised that the agent was not asked to cease building but requested to work with the Council’s planning department for a conclusion, leading to the current retrospective application being submitted.
There being no further question for the Planner, the Chair invited Ms Mantin, who objected to the application, to address the Committee.
Ms Mantin summarised the events that had occurred and told the Committee that the error in the plans and subsequent building works was significantly misleading and impactful, questioning why the work was not stopped once the error had been discovered. Ms Mantin added that had accurate plans been submitted in the first place then the application would not have been approved, and that she was left with a permanently oppressive sense of being closely overshadowed and observed in the garden. To conclude Ms Mantin asked if this was a new application where nothing had been built was it likely that it would be granted approval, if the answer was yes then there would need to be justification for going against guidance, and if no then the Committee must be clear on their decision.
The Chair invited questions to Ms Mantin.
Councillor Pitchers sought clarification on the loss of light from the west. Ms Mantin confirmed that it was sunlight that was lost and from 09.30am the bedroom was in shadow in the winter months.
Ms Mantin confirmed to Councillor Ewart that the applicant first showed her the plans. Councillor Ewart asked if she expected the extension to be in line with her property and Ms Mantin confirmed she had expected a minimal protrusion from the first-floor property as the plans showed. Ms Mantin added they had both just purchased the properties and she didn’t make any comment as she anticipated a very small protrusion. In response to Councillor Ewart, Ms Mantin confirmed that she realised the error approximately September 2023 and at that point Ms Mantin spoke to the applicant, who contacted the architect and the response to Ms Mantin was that it was being built entirely in line with the plans, but her house was wrong.
Ms Mantin added that she had not been re-consulted when the drawings had been submitted, the application was submitted to vary the conditions of what was then an illegal development, and Ms Mantin was not consulted. Ms Mantin told the Committee that she was notified by her District Councillor that it was going to referral panel and that she sought legal advice and submitted a solicitor’s letter that set out that the first application was illegal as the drawing was wrong and a fresh application was recommended.
Councillor Hammond asked Ms Mantin if there had been any mediation or attempt to find a solution. Ms Mantin replied that there hadn’t been any friction as her view was that it was a planning issue and therefore up to the planners to find a way through it, adding that it had affected her individually as her grandchildren couldn’t play in the garden and reiterated that had the original drawings been accurate, she wouldn’t have had the loss of light issues.
There being no further questions from Ms Mantin, the Chair invited Philip O’Hear from Reydon Parish Council to address the Committee.
Mr O’Hear stated that this called into integrity the planning system being reliant on accurate drawings. He added that concerns were raised in 2023 and in the Parish Council’s view the development created was overbearing with loss of light and privacy, adding the current scheme as built would be refused as it loomed over the neighbouring property and proposed that the retrospective application should be refused.
The Chair invited questions to Mr O’Hear from the Committee.
Councillor Pitchers noted that the extra length on the extension prevented the neighbour at 2 Bridge Road from overlooking gardens to the South. Mr O’Hear responded that the gardens were all well screened with no significant overlooking from 2 Bridge Road, however this would need further investigation before he could answer the question.
There being no further questions for Mr O’Hear, the Chair invited the owner of Doreen’s Cottage, Mrs Reynolds, to address the Committee.
Mrs Reynolds summarised the events that had occurred and emphasised that there had been no mistake regarding the build of the upstairs bedroom extension and it had been built to the dimensions approved by the planning department.
Mrs Reynolds told the Committee that in response to the potential light issue, they had commissioned an independent report to study and assess the day light.
To conclude Mrs Reynolds told the Committee that this was causing them significant distress, living for the past eighteen months with the knowledge that your neighbour wished to have part of your house pulled down.
The Chair invited questions to Mrs Reynolds from the Committee.
Councillor Ewart questioned when Mrs Reynold first realised the plans were not to scale. Mrs Reynolds confirmed it was when she received a message from Ms Mantin and at that point she immediately got in touch with the builder and architect, who measured and confirmed it was built to plan. Councillor Ewart questioned why, once the applicants were approached by building control, they decided to proceed. Mrs Reynolds confirmed that their architect was contacted by the Planning Officer and the were made aware of the discrepancy of the drawings and the neighbour’s concerns and at that point they commissioned the light survey. Mrs Reynolds added that if problems were shown from the survey, they would have adjusted the build accordingly. In response to a question from Councillor Ewart, Mrs Reynolds confirmed that they didn’t continue even though what was drawn was incorrect, they were acting on the results of the light survey, and as no problems were identified they continued.
The Planning Development Manager noted that the purpose of the Committee was to review the application that was before them and decide if that complies with Policy, not what had happened before.
Councillor Ashton sought clarification on the light survey, noting that the applicant stated that the light survey showed no impact. The Planner confirmed that the result of the BRE light survey was within limits – 98%.
There being no further questions for the applicant or their agent, the Chair invited Councillor Beavan, Ward Councillor, to address the Committee.
Councillor Beavan noted that there was a mistake on this application and it was now about how it was dealt with. The applicants could have stopped, but did not, they carried on building and commissioned a light survey. For the integrity of the planning system, Councillor Beavan said this should have been enforced and the planning system needed to be looked at.
The Chair invited the Committee to debate the application that was before it.
Councillor Ashdown told the Committee that he was unable to attend the site visit earlier that day, he had visited the surrounding area but wished to hear comments from those members who attended the site visit.
Councillor Ashton confirmed he attended the site visit, and the building must have affected the light, particularly in winter, if it was a first application, he would be minded to oppose it.
Councillor Pitcher, having attended the site visit, confirmed the shade that was apparent at 11am and he was very much in favour of refusing the planning application.
Councillor Gee found it more overpowering and overwhelming than the photos showed adding the passageway between the properties was very tiny. Councillor Gee noted there were two mistakes made, one the incorrect measurements leading to an overbearing extension and secondly why when the issue was brought up, didn’t enforcement officers view and stop then. Councillor Gee agreed there was no alternative other than not to approve.
The Planning Development Manager made a point of clarity to the Committee, noting that only in more extreme circumstances would the Council intervene to stop the development. They could use the route of a temporary stop notice, but this wouldn’t usually be applicable to a build of this scale. Applicants would be made aware of the risk of proceeding and seeking retrospective approval.
The Planning Development Manager confirmed to Councillor Ashton that the build being finished should not have an impact on the decision made, adding that there could be follow up with enforcement action to have the extension knocked down should it go to appeal. The Planning Development Manager noted that the base plans that were used were not necessarily survey plans and officers expect to receive accurate plans to interpret and there has been case law that relevance of plans extends to boundaries of neighbouring properties. The Planning Development Manager told the Committee that the extent to which the extension protrudes to the neighbour was the most important factor to consider.
Councillor Hammond considered that the loss of light may have resulted in the application not receiving permission and the applicant made a moral mistake in continuing with the build.
Councillor Ewart commented that having viewed from the two bedrooms, it felt boxed in and agreed with Councillor Beavon that there needed to be support for officers to have more powers, concluding the new administration was one of fairness and she would be voting against.
The Planning Development Manager reflecting on the comments from the members, noted that there may be the need for an additional recommendation contrary to the Officer’s recommendation.
Councillor Ashton noted the loss of light and overbearing, and Councillor Ashdown concurred. Councillor Pitchers agreed that the loss of light was significant, which the objector’s photos demonstrated, adding he did feel the extension next door pushing in when attending the site visit.
Having reflected on the discussion that had happened and the comments heard and taking into consideration Section 8.29 of the Waveney Local Plan and paragraph 135 of the National Planning Policy Framework the Chair proposed that it was recommended to refuse this planning application. The proposal was seconded by Councillor Ashdown.
There being no further debate, the Chair moved to a vote and it was unanimously
RESOLVED
That the application be REFUSED